Liberty Mutual Fire Insurance Co. v. Hayden

OPINION ON REMAND

WALKER, Chief Justice.

This is an appeal from the granting of a motion for summary judgment. In late September, 1989, an opinion was filed in this appeal. One justice dissented. The opinion appears and is reported at 779 S.W.2d 877. We make reference to our opinion of September 28, 1989.

The Supreme Court reversed and remanded the cause for further consideration to our Ninth Court of Appeals. The only time the case was orally argued was on June 15,1989. The Ninth Court of Appeals then consisted of Chief Justice Dies and Justices Brookshire and Burgess. Chief Justice Dies…